As lawyer and judge for half a century, John Fitzgerald Molloy has both profited from our legal system and seen how it has been altered in favor of lawyers, to the detriment of society. The book starts with the evolution of the Fraternity, with the author using vivid descriptions of particular cases in which he was involved. He shows that the legal profession has continuously re-shaped the law, in subtle but significant ways, to make legal services ever more necessary—and more lucrative for the Fraternity.

The power the Fraternity now exercises, including the power to decide President Bush over Gore, has been accomplished by creating a new religion, that of worshiping the Constitution in ways the founders did not intend—with lawyers and judges the priests of that religion. Lawyers may not appreciate the revelations in this book, but they should be very interested, for this author knows the profession well, and his analysis will resonate with their own experience. For those who have been appalled by the large fees charged for lawyers’ services, this book will be an enlightenment.

For those who appreciate vignettes coming from some of the most interesting cases hitting our courts, this book will be captivating. Molloy documents terrible deficiencies in our legal system and presents practical solutions, such as separating the bench and the bar as is done in other countries in the world. Other publications that decry the ascendancy of lawyers offer no suggestion as to how their power can be curbed. This book does.

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Editorial Reviews

Review

"The Fraternity is the inside story of a great professional collusion in the pursuit of greed and power...it should be required reading for anyone entering or associated with the legal profession." ―Nicholas N. Kittrie, Distinguished University Professor and former Dean, American University School of Law (Blurb from reviewer)

"Judge Molloy is one of the most revered members of our legal profession... . The vignettes that make up this book will be delightful reading for all interested in our culture and our legal system." ―Stewart Udall, Former U.S. Secretary of the Interior (Blurb from reviewer)

About the Author

John Fitzgerald Molloy is a lawyer from Tucson, Arizona who served on the Superior Court bench, and as Chief Justice to Court of Appeals for the State of Arizona, where he wrote the first Miranda decision for the Arizona Supreme Court. He returned to private practice and became the president of the largest law firm in southern Arizona, Molloy, Jones, and Donahue.

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While the book is excellent in revealing inner strings influencing the judiciary behind the scenes, the question remains - why Judge Molloy did not come clean and public about these problems later, why his revelations came only after he has fully utilized, to his financial advantage, his judicial position, utilized the connections that he later blasted in his book, and when he was already retired from the bench and close to his demise? I guess, to capitalize even on his remorse?

This book sheds light on the secret world of being a judge. Overall the book is very good. The one exception is the constant denigration of the United States Supreme Court. Although I agree with the author's stance on how the Supreme Court has created problems, entered into the legislative function and that political ambitions now drive that Court. The author's overuse is a distraction. But, the author's perspective and understanding of the underside of the judicial is inciteful. I would recommend.

I wish I had read this in law school 40 years ago. An interesting and opposite perspective of Constitutional Law which was not presented in my law school. I am glad we elect all of our Judges in Ohio. Sometimes a real dud gets voted off the bench. Not usually; but, it could happen and has.

This was one of the most informative "tell-almost-all" books written by a Justice with a conscience. The book, in and of itself, is a chronological history of case law that expanded law which more or less benefits the legal billable hours...among other things. Justice Molloy, at the end of his life, is being very candid about his career and how decisions made all the way to the Supreme Court influenced the balance of power. The Fraternity is a road map to the destruction of the original American legal system. Justice Molloy would have made a tremendous law professor.

In the last few years I have been supporting a friend who has been found guilty of defamation. Going to Court here in New Zealand has been an eye opening experience to say the least. Reading "The Fraternity" has given me further insights to the business of law, and made me very grateful that both my children have not chosen law as a career. I am sure there are still some old-fashioned lawyers in existence, but with the drive to chase the all mighty dollar, I sadly see ethics go down the drain. To me, New Zealand does not have a "justice" system it is a legal system that is still in the Dark Ages.

Mr. Molloy is an extraordinary human being. He shares all that has altered... not for the better....in one of our ancient crafts. This author is one to be admired and not to be forgotten. His work should be read by all seeking to enter the legal profession as his warning is 100% accurate.

This is a heartfelt, straight-talking assault on the degeneration of the American legal system, as well as the colorful memoir of a long, diverse legal career. Molloy's stories of his life in the law, using anecdotes supported by case and article citations, tell a disquieting tale of the proliferation of complexities that require the ever-more-costly services of lawyers, coupled with the court-made laws that can make it ever more difficult to punish offenders (e.g., exclusionary rule, Miranda warnings, separate trials for co-defendants in murder cases). One of Molloy's most important points is that the courts are making law, a right reserved to Congress by our Constitution, while maintaining that they are merely interpreting the Constitution. When Congress attempts to pull back from some of these court-made limitations - as when they enacted a law maintaining that voluntary confessions could be admissible even without a Miranda warning - the Supreme Court defeats their aim.

How could Molloy have gone along with some of this for so long? He asks this himself. Aside from his desire to do well, some of the reason surely is lawyers' inbred tendency to acquiesce to higher authority. If the Supremes say it's so, who is a mere superior court judge or trial lawyer to argue? I'm glad Molloy has lived long enough to argue. He's really personal about his objections and his frequent contempt for our highest court, but he makes a good case.